TikTok Appeal Over #MeToo Arbitration Opt-Out Meets Wary 2d Cir.

TikTok Inc. and parent ByteDance Ltd. got a lukewarm reception Friday in their Second Circuit appeal of a lower court decision denying arbitration of a female executive’s sexual harassment and other bias claims.

The judges focused on multiple issues during an argument that lasted roughly an hour beyond the 20 minutes scheduled, including what is a “sexual harassment dispute” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The law permits sexual harassment victims to opt out of binding agreements to arbitrate and sue in court. The judges also asked questions on whether Katie Ellen Puris’ other ...